Weston v. McDowell
Michigan Supreme Court
Error to Oakland Circuit. This was an action of assumpsit brought by Olive McDowell, against Albert Weston, before a Justice of the Peace, in which the plaintiff declared in the words following: “ The plaintiff declares against defendant for goods, wares and merchandise, sold and delivered; cash lent; and work and labor done, — all within the last six years, to the amount of ($300 ) three hundred dollars.”
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Error to Oakland Circuit. This was an action of assumpsit brought by Olive McDowell, against Albert Weston, before a Justice of the Peace, in which the plaintiff declared in the words following: “ The plaintiff declares against defendant for goods, wares and merchandise, sold and delivered; cash lent; and work and labor done, — all within the last six years, to the amount of ($300 ) three hundred dollars.” The defendant not appearing, a plea of general issue was entered in his behalf by the Justice, who, after hearing testimony, rendered judgment in favor of plaintiff, for one hundred and…
1Opinion of the CourtGrates, J.
The defendant in error prosecuted Weston before a Justice, and declared orally for the price of goods, wares and merchandise, sold and delivered, and having recovered judgment, Weston appealed to the Circuit Court.
The declaration remaining as it was before the Justice, the plaintiff in error pleaded the general issue thereto in that court, and the parties proceeded to trial on that issue. The defendant in error, under objection, gave in evidence the sale by her to Weston of a yoke of oxen, and judgment *357again passed for defendant in error. The only question is, whether the sale of the oxen was…
2Cited by3 opinions
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- Sprague v. HosieMichigan Supreme Court · 1908
- Pilcher v. FairclothSupreme Court of Alabama · 1902